If you need to act on behalf of an executor

An executor may not be able to or may not feel able to make a claim on behalf of the estate.

If you want to act on behalf of an executor, the steps to take differ depending on:

whether you have power of attorney for the executor
where any power of attorney is registered - England and Wales, Scotland or Northern Ireland
whether the executor still has capacity
whether they have a grant of probate

We'll be publishing full guidance soon. This will cover Scotland and Northern Ireland.

England and Wales

If you want to make a claim and have a lasting power of attorney (LPA) for an executor, you should establish whether the executor has mental capacity. Find out more about mental capacity.

GOV.UK has guidance on powers of attorney in England and Wales.

You have an LPA and the executor has mental capacity and a grant of probate

If the donor has probate and has capacity, but does not wish to act, they may grant a limited delegation of their powers as a personal representative to someone else. They do this by signing a document called a deed.

You should get legal advice on arranging the deed. The transfer of powers would be under section 25 of the Trustee Act and can be done for a limited period of up to 12 months .

You have an LPA and the executor has mental capacity but no grant of probate

If the donor of the LPA has not obtained a grant, the attorney can obtain a limited grant of their powers. This lets you act 'for the use and benefit' of the executor or administrator.

You need to submit:

a certified copy of the lasting power of attorney for property and financial affairs
form PA1P (if there is a will) or a PA1A form (if there is no will) - find both PA1 forms here
any relevant Inheritance Tax documents

Send the completed forms, plus any required documents and payment to:

Newcastle District Probate Registry
2nd Floor Kings Court
Earl Grey Way
North Shields NE29 6AR

You can call the Courts and Tribunals Service Centre on 0300 303 0648 with any questions.You must also email probateinfectedbloodscheme@justice.gov.uk and tell them the application is being made in relation to a claim for infected blood compensation.

The executor has no LPA and and is entitled to the grant but does not wish to apply for it

If the person entitled to take the grant has no LPA in place but does not wish to apply for a grant:

submit form PA12 to appoint someone to act as attorney for grant of letters of administration
submit form PA11 to appoint someone to act as attorney for grant of probate

The executor or administrator must not have extracted a grant before. They must have mental capacity.

The executor has a grant and has capacity and wants an 'informal helper'

If the executor or administrator has a grant and has mental capacity, they can have a trusted friend or relation support them in their claim.This person will be an 'informal helper'. They can attend claim appointments with the executor as a support.An informal helper cannot:

contact IBCA independently
receive updates about the claim without the personal representative present
make decisions about the claim
act on behalf of the personal representative

Talk to the claim manager or contact the helpdesk if you want to become an 'informal helper' on a claim.

The executor has an LPA in place and has lost mental capacity and does not have a grant

If you're acting as an attorney for an executor or administrator who has lost mental capacity, you'll need some additional documentation before the claim can progress. This is because the grant isn't valid if the person named on it no longer has capacity.

Acting as the attorney, you'll need to obtain a limited grant of representation 'for the use and benefit' of the executor or administrator. We'll check the limited grant in the same way we would check a grant of probate.

You'll need the following documents:

a certified copy of the lasting power of attorney for property and financial affairs
form PA1P (if there is a will) or a PA1A form (if there is no will) - find both PA1 forms here
a PA14 form, completed by a medical professional
any relevant Inheritance Tax documents

Send the completed forms plus any required documents and payment to:

Newcastle District Probate Registry
2nd Floor Kings Court
Earl Grey Way
North Shields NE29 6AR

If an executor has an LPA and loses capacity after getting a grant of representation

Acting as an attorney, you'll need to obtain a second grant, called a 'grant de bonis non', 'for the use and benefit' of the executor or administrator.You'll need to submit the following documents:

a certified copy of the lasting power of attorney for property and financial affairs
form PA1P (if there is a will) or a PA1A form (if there is no will) - find both PA1 forms here
a PA14 form, completed by a medical professional
a certified copy of the former grant
any relevant Inheritance Tax documents

Submit the completed forms plus any required documents and payment to:

Newcastle District Probate Registry
2nd Floor Kings Court
Earl Grey Way
North Shields NE29 6AR

You can call 0300 303 0648 with any questions.You must also email probateinfectedbloodscheme@justice.gov.uk and tell them the application is being made in relation to a claim for infected blood compensation.

Issues with limited grant representation

We cannot guarantee that you'll get limited grant representation. If there are able and willing co-executors or substitutes named in the will, the grant won't be made.

If this happens, one of those co-executors or substitutes should contact IBCA for the claim to move forward.

Making a claim when someone has died